Petitioners sought quashing of a Gaya FIR alleging land capture and extortion, claiming false implication due to a land dispute. The court held such an FIR could not be quashed without investigation and dismissed the petition, citing Supreme Court precedent.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23645 of 2023
Arising Out of PS. Case No.-409 Year-2021 Thana- CHANDAUTI District- Gaya
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Choubey Jawahar ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 03-07-2023
This application has been filed for quashing the F.I.R. of Chandauti P.S. Case No. 409 of 2021 registered for the offences under Sections 385, 387/34 of the IPC pending in the Court of learned A.C.J.M.-III, Gaya.
Learned counsel for the petitioners submits that the petitioners are quite innocent and have falsely been implicated in this case due to land dispute.
Serious allegation of capturing of land and extortion of money has been made against the petitioners in the town of Gaya.
Such kind of F.I.R. cannot be quashed without investigation.
Patna High Court CR. MISC. No.23645 of 2023(2) dt.03-07-2023 2/2
In view of the law laid down by the Hon’ble Supreme Court in the case of Neeharika Infrastructure Pvt Ltd. V. State of Maharshtra and others (2020) 10 SCC 118, this application is dismissed.
The Senior Superintendent of Police, Gaya is directed to get the matter investigated properly within a reasonable time so that innocent people do not loose their property at the hands of the criminals.
Let a copy of this order be communicated to the Senior Superintendent of Police, Gaya through FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
1 issue framed by the court
Whether the FIR under Sections 385, 387/34 IPC alleging land capture and extortion could be quashed without investigation.
Colour shows how this judgement treated each authority
Neeharika Infrastructure Pvt Ltd. V. State of Maharashtra and othersApplied
(2020) 10 SCC 118 · Who else cites this
2 provisions across 1 enactments
Baleshwar Yadav
Sunil Yadav @ Sunil Kumar
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
